An Analysis of the Effects of Subjective and Objective Instruction Forms on Mock-Juries' Murder/Manslaughter Distinctions

Defendants' emotions at the time of their crimes may potentially serve as mitigating circumstances in murder/manslaughter cases. The present study examined whether differences between two forms of instructions given juries in such cases affected mock-juries' murder/manslaughter distinctions. Jurors' reasons for their verdicts and definitions of murder and manslaughter were also compared. In addition, three factors found to be predictive of murder/manslaughter distinctions in previous research were evaluated. It was found that, though instruction forms affected jurors' stated reasons for their verdicts and their definitions of murder and manslaughter, they did not significantly affect murder/manslaughter distinctions. Defendants were most likely to be convicted of murder if they had a history of violence with the victim and dwelt upon their emotions. We suggest jurors likely construe instructions given them to fit their a priori understandings of murder, manslaughter, and the potentially mitigating role of defendants' emotions.     

Murder, Extramarital Affairs, and the Issue of Probative Value

A paper previously published in Law and Human Behavior by D. Davis and W. C. Follette (2002) argued that certain "profiling" characteristics commonly admitted into court have little or no probative value. They argued that this is especially likely to be true when the characteristic used as evidence (e.g., having an extramarital affair) is rather common in the population whereas the act in question (e.g., a man murdering his wife) is rare. Their analysis has prompted a strong response by Friedman and Park and by Kaye and Koehler with a rejoinder by Davis and Follette (all three follow this paper in this issue of Law and Human Behavior). This paper describes some of the nature of this controversy.     

Severe Mental Illness,Somatic Delusions,and Attempted Mass Murder

A case of an attempted mass shooting at a large psychiatric hospital in the United States by a 30‐year‐old male with severe mental illness, somatic delusions, and exceptional access to healthcare professionals is reported. Six persons were shot, one died at the scene, and the shooter was then killed by the police. Data were gathered from court documents and media accounts. An analysis of the shooter's psychiatric history, his interactions with healthcare professionals, and communications prior to the shooting suggest a rare form of mass murder, a random attack by a documented psychotic and delusional individual suffering with somatic delusions. Despite his being psychotic, the killer planned the attack and made a direct threat 1 month prior to the shootings. This case highlights problems with the healthcare system, indicating that it might be ill equipped to appropriately deal with severe mental illness.     

The effects of the second Intifada,terrorist acts,and economic changes on adolescent crime rates in Israel: A research note

Designed as a field quasi-experiment, this study analyzes the differences in Jewish adolescent crime rates before and after the inception of the second Intifada (September, 2000). Data covers the years between 1996 and 2003. The study focused on the relationship between the number of terrorist acts, the number of deaths in these acts, economic changes, and crime rates (murder, manslaughter, assault, mugging and robbery and property-related). The findings of the study were analyzed in terms of current theories on the impact of social and security-related stress on adolescents. The results show that the second Intifada has had significant effects on male adolescent crime rates. In particular, the number of terrorist acts was significantly associated with the following offences: assault, robbery, and manslaughter. No significant differences were found for adolescent female crime rates. Economic changes were significantly negatively related both to male adolescent crime for all the offences studied, as well as to property-related female offences.     

Forensic Analysis of a Contact Lens in a Murder Case

Contact lenses have had rare relevance in trials and/or investigations. After 5 years of burial, orbital remnants were retrieved from an exhumed body and subsequently identified as a key piece of material evidence in a murder trial. The exhumed case materials were evaluated under laboratory conditions and were determined to be contact lens remnants. Contact lens fracture and burial simulation studies were performed to provide additional corroboration of the physical findings of the exhumed contact lens remnants. This material evidence was instrumental in providing factual proof refuting the defendant's testimony in the murder trial. A brief history of contact lens composition and use is provided for understanding the methods and observational results. This forensic case study represents the first published documentation of a contact lens from an exhumed body being used in a murder investigation and establishes an operational procedure for future forensic contact lens examinations.     

系列杀人案件的成因、特点及侦查对策

发生系列杀人案件的原因取决于作案人的犯罪心理,谋财害命、报复杀人、滥杀无辜和杀人灭口是导致系列杀人案件的主要成因。系列杀人案件的特点体现在作案人的行为特征、作案人的个性特征和犯罪现场的痕迹物证三个方面。在侦查过程中,应引进利用“软件”串并案件的理念以拓展串并案途径,过细勘查犯罪现场,建立失踪人口管理机制以及时发现和串并系列杀人隐案,严格遵循公安部“侦破系列杀人案件工作机制”的要求规范侦查工作,引入和加强犯罪心理画像、犯罪现场重建和辩证侦查思维等现代侦查和取证方法。     

Cross‐Cultural Comparison of Two Serial Sexual Murder Series in Italy and the United States

Abstract: There have been few documented comparisons of serial murder cases committed in the United States with cases occurring internationally. The authors contrasted two unique serial murder series: one in Italy and one in the United States by examining the details of both series, including the M.O., motivation, crime scene interactions, sexual acts performed, and the general backgrounds of both offenders. The comparison revealed a number of similarities. Both offenders specifically targeted elderly women, who were attacked in their residences. The two series involved sexually motivated crimes, although the sexual interactions were different. Both offenders stole objects from their victims after the murders and each kept newspaper accounts of their crimes. In addition, both offenders claimed to have abusive upbringings, including sexual abuse.     

两类性变态及其与性变态系列杀人犯罪的关系

性变态系列杀人犯罪是系列杀人犯罪的一种，社会危害极其严重。根据性变态的心理和行为特征将其分为两类，不具有暴力攻击倾向的情景性自我满足型性变态和具有暴力攻击倾向的实质性非自我满足型性变态。厘清不同性变态类型的心理满足情景、行为方式、是否具有暴力攻击性等特征是确定案件性质、勾画犯罪人特征、划定重点侦查对象的可靠依据。     

美国刑法中的重罪谋杀罪规则评析

重罪谋杀罪是英美刑法中比较特殊,并引起很多批评和质疑的罪名。目前,美国大部分州的刑法仍保留有该罪名,但其适用范围和条件受到越来越多的限制,实际上被限于在实施重罪过程中故意或过失造成死亡结果的情形。由于该罪名的设置仍具有一些积极意义且限制了适用范围,尽管存在比较严厉的批评之声,但绝大多数州的刑法仍然保留了重罪谋杀罪规则,短期内没有被废除的迹象。     

清代法律和司法实践对共同谋杀之首犯与从犯的认定

根据清律＂谋杀人＂条,按照其在共同谋杀中的作用,共同谋杀的犯罪人被分为首犯和从犯两类,其中从犯又分为加功者、不加功者和从而不行者三种。同时,清律中所附的明代万历十五年条例对区分各共同犯罪人特别是从而加功者与从而不加功者作了严格的限定,即＂助殴伤重者＂方以加功论。但是这一认定加功的标准在司法实践中并未得到遵守。官员们认定加功与否的标准多与清初律学家沈之奇的观点一致。道光五年对万历十五年条例中规定的加功的认定标准进行了修改,即将＂助殴伤重＂改为＂下手助殴＂。直到清末的《大清现行刑律》,该条例中规定的造意与加功的认定标准等未再改变。需要指出的是,清律中总则部分＂共犯罪分首从＂条与分则部分＂谋杀人＂条中关于首犯与从犯的区分标准及处罚原则不统一的情形并非孤例。而自民国以来,我国刑法中关于共同犯罪人的区分与处罚原则又各有变化。     

An Empirical Study of Rape in the Context of Multiple Murder

In recent years, multiple homicide offending has received increased research attention from criminologists; however, there is mixed evidence about the role of rape toward the perpetration of multiple murder. Drawing on criminal career data from a nonprobability sample of 618 confined male homicide offenders selected from eight U.S. states, the current study examines the role of rape as a predictor of multiple homicide offending. Bivariate analyses indicated a significant association between rape and murder charges. Multivariate path regression models indicated that rape had a significant and robust association with multiple murder. This relationship withstood the confounding effects of kidnapping, prior prison confinement, and prior murder, rape, and kidnapping. These results provide evidence that rape potentially serves as a gateway to multiple murder for some serious offenders. Suggestions for future research are proffered.     

Identification of a Suspect in a Murder Case through Recovery of Fingermarks from a Fired Cartridge Case

During the period of one year, the Police of the State of Espírito Santo in Brazil analyzed 1,431 cartridge cases obtained from crime scenes and seizures. The cartridges were subjected to a development sequence (cyanoacrylate fuming + gun bluing + fluorescent dying), and panoramic images of the developed fingermarks were generated based on the photographs taken during the rotation of the cartridges. Ridge details were observed in 50 cartridges, but only in 5 cartridges, the marks were considered with value for identification. The fingermarks were searched in the Automated Fingerprint Identification System (AFIS) of the Brazilian Federal Police and, in one case, it was possible to obtain the suspect's identification. In our knowledge, this is the first case in Brazil of identification of a suspect based on a fingermark recovered from a fired cartridge case.     

Women and Men who Committed Murder: Male/Female Psychopathic Homicides

The present study was designed to compare gender differences in psychiatric diagnosis with the dimension of psychopathy in women and men who had attempted or committed homicide. The study samples consisted of 39 homicidal females and 48 homicidal males who were confined in one of Italy’s REMS or prison facilities in two southern provinces of Italy (Puglia and Basilicata). Assessment instruments included the SCID-5, the PID-5 IRF, and the PCL-R. Each gender group was stratified according to the level of criminal responsibility for the homicidal offense (full, partial, absent), and after assessments, according to the degree of the psychopathic dimension. There were clear gender differences in homicidal individuals. Female offenders were less likely to have had a record of criminal charges/convictions or imprisonment, and their homicides were more often intrafamilial, victimizing especially of their children, whereas males targeted intimate partners and extrafamilial victims. In the entire group, there was an inverse relationship between the level of psychopathy and the personality disorder on one side, and the psychotic disturbance on the other. Factor 2 (lifestyle/antisocial dimension) of the PCL-R was higher among the homicidal males, whereas females tended to score higher on Factor 1 (the interpersonal/affective dimension). Finally, if the psychopathic dimension is a qualifier for antisocial personality disorder, as indicated in DSM-5, this appears to be less true for females who tend to have other personality disorders.     

“省管县”体制改革中的法律冲突研究

在宪法层面,＂省管县＂体制改革虽然具有合宪性基础,但其在各层级行政机关行政权限配置上缺乏明确规定,产生了一定的法律冲突,即：在法律上,立法的缺失、法律规范的缺位、政策先行的困境等给＂省管县＂体制改革带来的法律冲突。为此,制定或修改法律以及选择性执法将成为＂省管县＂体制改革法律冲突解决路径在不同情境和不同阶段的理想选择。     

Murder in Black and White

Abstract

In this paper we will tell the story of “The Poisoning of the Late Levi Smelser.” Through detailed examination of both the media reports and official documents, the ensuing narrative portrays how race and gender influence the criminal justice processes of late antebellum New Orleans. As the story unfolds, two types of accounts emerge. We come to know the major participants in this case, Kitty, the slave, Levi Smelser, the victim, Theresa Smelser, the widow, and Adam Scott, the young foreman of Smelser's tin and copper shop, in their ordinary and comfortable lives before the murder. Secondly, we see these same characters play shifting roles of guilt and innocence in the planning and implementation of the murder as the newspapers reveal, magnify and glorify new “particulars,” day-by-day. This story is actually composed of a number of plots and constitutes a “scenario” of crime creation by sources of the mass media and related groups. As a scenario, the story represents “an interactional moment or site of meaning creation.”     

Race, Space, and Violence: Exploring Spatial Dependence in Structural Covariates of White and Black Violent Crime in US Counties

Objectives

To join the literature on spatial analysis with research testing the racial invariance hypothesis by examining the extent to which claims of racial invariance are sensitive to the spatial dynamics of community structure and crime.

Methods

Using 1999?C2001 county-level arrest data, we employ seemingly unrelated regression models, spatial lag models, and geographically weighted regression analyses to (1) compare the extent of racial similarity/difference across these different modeling procedures, (2) evaluate the impact of spatial dependence on violent crime across racial groups, and (3) explore spatial heterogeneity in associations between macro-structural characteristics and violent crime.

Results

Results indicate that spatial processes matter, that they are more strongly associated with white than black violent crime, and that accounting for space does not significantly attenuate race-group differences in the relationship between structural characteristics (e.g., structural disadvantage) and violent crime. Additionally, we find evidence of significant variation across space in the relationships between county characteristics and white and black violent crime, suggesting that conclusions of racial invariance/variation are sensitive to where one is looking. These results are robust to different specifications of the dependent variable as well as different units of analysis.

Conclusions

Our study suggests the racial invariance debate is not yet settled. More importantly, our study has revealed an additional level of complexity??race specific patterns of spatially heterogeneous effects??that future research on social structure and racial differences in violence should incorporate both empirically and theoretically.     

汉律中的县道官“断狱”权探析

县、道是汉代地方郡县二级制下平级的基础政区,县道官是县、道的行政司法长官,有广泛的刑事司法权,"断狱"权是县道官刑事司法权的核心部份。县道官"令、长、丞"有"断狱"权,他们对"死罪"、"过失杀"、"戏而杀人"案件有初审权,对非死罪案件有终审权;县道官"断狱"的法律程序包括"传《爰书》"、"讯鞫"、"论当"等部分;县道官"擅移狱"、"鞠狱故纵"、"不直"、"弗穷审"须承担刑事责任。汉代县道官"断狱"权的法律规定呈现出权责分明的总体特点。     

Homicide–Suicide in Cuyahoga County,Ohio, 1991–2016

Research on homicides followed by suicides has relied heavily on small samples and relatively short time spans of data. This study helps to fill this gap by examining 26 years of homicide–suicide data from Cuyahoga County, Ohio, between 1991 and 2016. The main data source for the study is medical examiner files. Analyses of the data indicate the rate of homicide–suicide in Cuyahoga County is consistent with other studies but fluctuates considerably across years studied. The majority of victims are female while perpetrators are overwhelmingly male. Black people are overrepresented as victims and offenders. Use of drugs and/or alcohol leading up to the incident is common among perpetrators. Both the homicides and suicides were overwhelming committed with firearms. When comparing our results to the typology of murder–suicides developed by Marzuk, Tardiff, and Hirsch (JAMA 1992;267:3179), we find amorous jealousy is a significant motivating factor in a many cases, including those involving nonintimate partners. Our findings underscore the importance of widespread use of lethality assessment instruments.     

Serial killing and homosexual necrophilia,an exploration

The vast majority of literature regarding sexual homicide is premised on a male perpetrator and female victim, as is the sparse literature regarding acts of necrophilia. Little, therefore, is known of homicide committed by a homosexual male to facilitate necrophilic acts. A case is presented here of such an instance, an instance that escalated into serial homicide and, at least, a dozen victims. The prefacing role of sexual fantasy is explored, as well as the significance of the manner of death when necrophilic intent is the rationale for homicide. Potential indicators of necrophilic interests leading to sexual homicide are noted, and the literature regarding such interests is expanded.     

Spatial analysis of violent crimes in Metro Manila,Philippines

Spatial patterns of murder and physical injury in Metro Manila, Philippines were visualised through conditional choropleth maps. Relationship of both crime rates with some demographic variables were investigated while accounting for possible spatial autocorrelation using spatial lag models. Results show that both crime rates tend to cluster in the northern cities of Metro Manila. Furthermore, significant spatial lag coefficients were found only for physical injury rates, with values ranging from 0.49 to 0.62, signifying a positive city-level spatial dependence of physical injury rates in Metro Manila. Moreover, some demographic covariates, such as population density, percentage of young males, education, marriage, and immigration were found to be associated with both crime rates. These results could serve as useful indicators of crime incidence; thus it is recommended that crime monitoring systems include them to aid in resource allocation and program planning for better crime prevention and security management.